Dhamodharan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN Dhamodharan S/o. Chinnasamy, No.322/68, Mariamman Koil Street, Annandhal, Madurampattu, Tiruvannamalai District, Tamil Nadu - 606804.

Petitioner(s) Vs 1.The Inspector Of Police Veraiyur Police Station, Tiruvannamalai.

2.Thandayutham, S/o Sivalingam.

3.Neela, W/o Thandayutham.

4.Purusothaman S/o Thandayutham.

5.Nithya, W/o Purusothaman.

6.Karunamoorthy, S/o Purusothaman.

7.Kanimozhi, D/o Purusothaman.

8.Tharun, S/o Purusothaman.

9.Aazhagesan, S/o Thandayutham, All are residing at, Maduram Pattu Post, Kilpennathur Taluk, Tiruvannamalai.

(RR2 to 9 impleaded vide order dated 20/09/2023 passed in Crl.M.P.No.14954/2023 in Crl.R.C.No.916/2023) Respondent(s) Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C. to call for the records in Cr.MP.No.1580 of 2023, dated 09.03.2023 on the file of the Judicial Magistrate Court No.I, Tiruvannamalai and to set aside the same.

For Petitioner(s) :Mr.B.Jawahar For R1 :Mr.A.Gopinath Government Advocate (Crl.Side) For RR 2 to 9 Notice served. No appearance

ORDER

This criminal revision petition has been preferred as against the order dated 09.03.2023 passed in Crl.MP.No.1580 of 2023 on the file of the Judicial Magistrate Court No.I, Tiruvannamalai, thereby, dismissed the petition seeking a direction under Section 156(3) Cr.P.C. 2.

It is the case of the petitioner that in the year 2004, he and his family members partitioned their family property and they were put in possession in their respective portion without measuring the same; while being so, one of his brother's legal heir sold out their share without measuring the property as per the partition; when it was questioned by the him, there was a quarrel between them, during which, the respondents gave life threats to his family; further, on 06.11.2022, when he was repairing his thatched roof of his house, the accused viz. respondents 2 to 9 herein insulted him, abused him with filthy language and also also threatened him with dire consequences; therefore, he lodged a police complaint, but, the same was not received and hence, he filed Cr.M.P.No.1580 of 2023 before the Judicial Magistrate Court No.I, Tiruvannamalai, seeking a direction to

register an FIR, but, the same was dismissed on 09.03.2023, aggrieved by which, he is before this Court by filing this revision. 3.

Heard Mr.B.Jawahar, learned counsel for the petitioner and Mr.A.Gopinath, learned Government Advocate (Crl.Side) for the first respondent/police.

4.

On a perusal of the record, it shows that the petitioner lodged the complaint only on 17.11.2022 for the occurrence that took place on 06.11.2022 and there is no explanation for the belated complaint. Further, there is no proof to show that the petitioner lodged the complaint before the first respondent/police and the same was refused to receive. That apart, no one was injured in the alleged occurrence and even according to the petitioner, the respondents 2 to 9 threatened him with dire consequences, for which, there is absolutely no evidence on record to make out a prima facie case for registration of an FIR. Therefore, the trial Court has rightly dismissed the complaint and this Court finds no infirmity or illegality in the order passed by the trial Court.

In view of the above, this criminal revision petition stands dismissed. 10-06-2025 nsd Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Inspector of Police Veraiyur Police Station, Tiruvannamalai.

2.The Judicial Magistrate No.I, Tiruvannamalai.

3.The Public Prosecutor, Madras High Court.

G.K.ILANTHIRAIYAN J.

nsd 10.06.2025